The Refugio Beach pipeline incident in May 2015 resulted in the release of over 100,000 gallons of crude oil into the Pacific Ocean, causing significant damage to the environment and economy along a 25-mile stretch of coastline. In response to this devastating spill, Governor Jerry Brown signed pipeline safety bill AB 864 into law later that year.

AB 864 introduced Government Code Section (GC) 51013.1, which mandated the use of the best available technologies for new or replacement pipelines located near environmentally and ecologically sensitive areas (EESA) in the coastal zone. The goal was to minimize the amount of oil released in the event of a spill and protect state waters and wildlife. It also required operators of existing pipelines near these sensitive areas to submit retrofit plans to the Office of the State Fire Marshal (OSFM). This regulation was subsequently adopted by the OSFM and went into effect on October 1, 2020.

On October 8, 2015, the State of California issued Assembly Bill 864, also known as the CBAT regulation (Oil Spill Response: Environmentally and Ecologically Sensitive Coastal Areas). This regulation specifically targets pipelines located in EESA of the coastal zone, compelling them to implement the best available technology to minimize the release of petroleum products in the event of an oil spill.

Key Milestones (except for low-stress crude oil pipelines):

The process and requirements for the CBAT regulations are outlined in Title 19, Division 1, Chapter 14, Article 7 of the California Code of Regulations (19 CCR 2100-2120). The risk analysis submitted for CBAT regulation should follow 19 CCR 2111.

Effective date of the regulation

October 1, 2020

Optional Form PSD-2102

Submit as needed

Section 2103 Exemption

May 1, 2021

Section 2104 Deferral

May 1, 2021

Implementation plan and risk analysis

October 1, 2021

A detailed supplemental implementation plan is due 60 days after the acceptance of risk analysis.

Operators to complete retrofit of existing pipeline

April 1, 2023

Key Milestones (for low-stress crude oil pipelines):

On September 25, 2022, Governor Newsom signed Assembly Bill 2931, Pipeline Safety: Records, into law. This new regulation expands the definition of pipelines outlined in the California Government Code, Section 51010.5 (a)(3). Notably, it removes the exemption for low-stress crude oil pipelines, which were previously excluded from the more stringent requirements of the California Government Code, Chapter 5.5, including Section 51013.1 regarding the use of Best Available Technology. This regulation came into effect on January 1, 2023.

After the exemption for low-stress crude oil pipelines was removed, the following are the deadlines for compliance with the CBAT regulation:

Effective date of the regulation

January 1, 2023

Optional Form PSD-2102

Submit as needed

Section 2103 Exemption

August 1, 2023

Section 2104 Deferral

August 1, 2023

Implementation plan and risk analysis

January 1, 2024

A detailed supplemental implementation plan is due 60 days after the acceptance of risk analysis.

Operators to complete retrofit of existing pipeline

July 1, 2024

We are committed to safeguarding our coastal areas and ensuring the use of advanced technologies to minimize the impact of oil spills. Compliance with these milestones and regulations is crucial to protecting our environment and the integrity of pipelines.

Procedures

Under Section 2102, it is the responsibility of the operator to identify pipelines that fall under the requirements of this Article. The definition of "pipeline" can be found in GC 51010.5.

Upon request, the OSFM will provide each operator with a list of regulated pipelines. Using this list, operators may choose to submit a list of pipelines they believe are subject to CBAT regulations and a separate list of pipelines they believe are not. While this submission is not mandatory, it helps ensure that operators have identified all pipelines subject to CBAT requirements.

Operators can use Form 2102, although its use is optional, to provide the necessary information to satisfy Section 2102. Alternatively, operators may submit the lists in a different format.

All submissions should be sent to the Pipeline Notification email account (pipelinenotification@fire.ca.gov) with the subject line starting with [CBAT] Title. For example, the subject line may be "[CBAT] Form 2102 from Fire Pipeline Company".

The OSFM will acknowledge the receipt of CBAT regulated and unregulated pipelines from the operators.

Upon completion of step 1, operators and the OSFM will have a finalized list of CBAT regulated pipelines. Operators must then classify each of these pipelines into one of the following five categories:

  • Group 1: Section 2103 Pipeline (Exemption for Pipelines Located Outside the Coastal Zone)
  • Group 2: Section 2104 Pipeline (Deferral for Pipelines with Existing Best Available Technology)
  • Group 3: Section 2104.OOS Pipeline (Deferral for Out-of-Service Pipelines)
  • Group 4: Section 2113 Pipeline (Retrofit with Best Available Technology)
  • Group 5: Section 2113.OOS Pipeline (Retrofit with Best Available Technology)

Specific guidelines and optional forms (such as PSD-2103, PSD-2104, PSD-2104.OOS, PSD-2113, and PSD-2113.OOS) are available for operators to submit the necessary information to satisfy each respective section.

Within 60 days of accepting the risk analysis, operators must submit a detailed supplemental implementation plan to the OSFM. Upon approval, operators are expected to complete the retrofit of pipelines by April 1, 2023, for all groups except low-stress crude oil pipelines. For low-stress crude oil pipelines, the retrofit must be completed by July 1, 2024.

The OSFM will notify operators within 90 days of whether their risk analysis has been accepted or denied.

To ensure the monitoring and progress of pipeline operator's implementation plans, the OSFM has established two critical teams:

Construction Team: After the OSFM approves the implementation plans for Section 2113 pipelines, the Construction Team will receive the preliminary implementation plan, risk analysis, and detailed supplemental implementation plan from operators. They will work closely with operators to coordinate and monitor the retrofitting of pipelines. The deadline for completing the retrofit of existing pipelines, except for low-stress crude oil pipelines, is April 1, 2023. For low-stress crude oil pipelines, the deadline is July 1, 2024.

Change of Status Team: If the OSFM approves the implementation plan for Section 2113.OOS pipelines, the Change of Status Team will be responsible for monitoring and reviewing the purging of pipelines. They will ensure that out-of-service or abandoned pipelines subject to CBAT regulation are properly purged. The deadline for purging these pipelines, except for low-stress crude oil pipelines, is April 1, 2023. For low-stress crude oil pipelines, the deadline is July 1, 2024.

Both teams work closely with operators to ensure compliance with the CBAT regulations and facilitate the smooth implementation of the necessary measures.